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2018 Supreme(MP) 748

HEMANT GUPTA, ATUL SREEDHARAN
State of M. P. – Appellant
Versus
Vigyashree Infrastructure Ltd. – Respondent


Advocates:
Ms. Namrata Agrawal, Government Advocate for petitioners; Durgesh Pandey for respondent.

ORDER (Oral)

1. The challenge in the present petition is to an order passed on 18.1.2018 by Arbitral Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short “the Act”) in Case No. 106/2015 whereby the respondent, the contractor was permitted to amend the reference petition.

2. The contractor filed an I.A. No. 2/2016 on 21.10.2016 for introducing the revised claim in the reference petition. Subsequently, I.A. No. 4/2017 was filed on 4.8.2017 to amend I.A. No. 2/2016. Learned Tribunal allowed I.A. No. 4/2017 relying on section 17-A of the Act conferring inherent powers on the Tribunal to make such order as may be necessary for the ends of justice or to prevent abuse of the process of the Tribunal. Learned Tribunal relied upon section 141 of Code of Civil Procedure, 1908 (for short “the Code) in support of the finding that the Code is applicable to all miscellaneous proceedings; therefore, the Tribunal has the jurisdiction to allow the amendment.

3. The argument of learned counsel for the petitioner is that the statutory Arbitral Tribunal under the Act is a creation of statute. It derives jurisdiction and powers under the Act. Certain provisions of t





























































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